The Military Manual (1993) of the Netherlands provides: “The parties to the conflict must at all times make a distinction between the civilian population and combatants and between civilian objects and military objectives.”

In its chapter on methods and means of warfare, the manual states: “The parties to a conflict should … always discriminate between the civilian population and civilian property on the one hand, and combatants and military targets on the other.”

In its chapter on behaviour in battle, the manual provides: “The parties to a conflict should always distinguish between the civilian population and combatants, and between civilian objects and military targets.”

At the CDDH, the Netherlands stated that the first sentence of Article 47(2) of the draft Additional Protocol I (now Article 52(2)) “prohibits only such attacks as may be directed against non-military objectives and consequently does not deal with the question of collateral damage caused by attacks directed against military objectives”.

In its chapter on peace operations, the manual states: “Damage to infrastructure and civilian casualties must be avoided or, in any case, kept to a minimum. Damage to civilian objects must in no case be excessive in relation to the purpose to be achieved.”

Under the International Crimes Act (2003) of the Netherlands, “intentionally directing attacks against civilian objects, that is, objects that are not military objectives” is a crime, when committed in an international armed conflict.